LGUs urged to help "revitalize" minerals industry

CEBU, Philippines - The Regional Minerals Development Council clarified its position that the enforcement of Republic Act 7942 on large-scale mining is retained with the National Government and is not within the ordinance-making power of the city or municipal councils.

The clarification was made as a response to the resolutions and ordinances passed by some local government units imposing moratorium in mining.

Mines and Geosciences Bureau Regional Director and RMDC-7 Vice-Chairman Roger de Dios reported that 12 municipalities in Central Visayas have passed ordinances or resolutions opposing mining.

These municipalities include Loon, Maribojoc, Duero, Guindulman, and Buenavista in Bohol; Consolacion and Medellin in Cebu; and Maria, Siquijor, Enrique Villanueva, San Juan, and Larena in Siquijor.

In Resolution No. 05 passed by the mineral council, the board appealed to the concerned LGUs to support MGB’s efforts to revitalize the minerals industry in the region through the judicious exercise of their role in the processing of large-scale mining applications and during the conduct of mining operations within approved mining rights.

The 12 municipalities had petitioned MGB to reject large scale mining applications in their respective areas, but MGB said that these ordinances are not in harmony with the national law.

“The DOJ Opinion No. 8, series of 2005, states that the freedom to exercise contrary views does not mean that local governments may actually enact ordinances that go against laws enacted by Congress such as RA 7942,” De Dios said.

He stressed that Section 17 of the local government provides that the enforcement of forestry laws, pollution control law, small-scale mining law, and other laws on the protection of the environment, shall be pursuant to national policies and subject to supervision, control and review of the DENR.

“The LGU ordinances and resolutions cannot undo the legislations promulgated by Congress,” De Dios said.

Meanwhile, MDC Executive Director and DENR Senior Undersecretary Ramon JP Paje said, “In line with the national policy to continually promote responsible mining in the country, the MDC wishes to reiterate the full implementation of the Mining Act, and that local ordinances/resolutions cannot supersede RA 7942 and other national laws.” — Jessica Ann R. Pareja/JMO (THE FREEMAN)